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HomeMy WebLinkAbout~Master - Property Maintenance Appeals Board Minutes 04/02/2015 MINUTES OF THE REGULAR MEETING OF THE PROPERTY MAINTENANCE APPEALS BOARD AMES, IOWA April 2, 2015 Call to Order The regular meeting of the Property Maintenance Appeals Board was called to order by Chairman Al Warren at 4:00 pm. Warren read the opening statement. Roll call: Al Warren, Jeff Drury, Dee Ball, Pat Brown, Bert Schroeder, and Nathan Joens . Absent: Gary Denner. City Staff members: Jessica Spoden, Seana Perkins, Natalie Herrington, Kathy Reichert, and Joe Newman. Approval of Minutes Approve corrected minutes from September 4, 2014 and October 2, 2014. Motion: Warren Second: None New Business Hearing on appeal from owner of 716 East Lincoln Way regarding the driveway; there are specific fixed conditions that make strict compliance with the Code impracticable: Natalie Herrington gave a brief history of rental inspections for the property indicated in the appeal. It is a single family home with inspections dating back to 2010. During the 2010 inspection it was considered a new rental and the requirement is to pave the driveway/parking. This item appeared as a noted item in two rental reports for years 2010 and 2012. It was noted that the driveway must be brought up to code prior to the next inspection cycle on the Letter of Compliance (LOC) issued in 2012. The next inspection cycle began in January 2015 and to date the driveway has not been updated. Herrington went on to describe the property itself noting it is nonconforming use and subject to the abandonment section of the zoning ordinance. It is also located in a FEMA flood damage area. Herrington reviewed comments from the Planning and Housing department regarding zoning and exemptions indicating there would be no requirement of a minor site plan. Herrington explained to the Board its options. Warren asked as to why when the initial inspection happened in 2010 and this item was noted that enforcement has not happened until now. Herrington stated she did not know the answer for the question. Perkins noted significant staff transition through this time period. Drury inquired as to the paving requirements for new construction commercial properties vs existing commercial properties. It was noted that paved driveways are a requirement for new construction. Scott Tanner, owner of property located at 716 East Lincoln Way, explained where the property is located in relation to the proximity to the commercial buildings and from Lincoln Way. The house has been in existence since 1910 and Tanner discussed grandfathered requirements vs current requirements. He stated there is currently 12 inches of gravel whereas the current requirement is 5 inches of gravel. It is a commercial property with a house on site. There is existing concrete paving off of Lincoln Way and gravel 150 feet downhill to the house. Tanner noted the $8000 quote to correct the driveway to code. Warren asked about previous owners and how Tanner came to own it. Tanner stated the previous owners had occupied the home since the 1950s. He bought the house from the widow. The house was turned into a rental in 1997. When he purchased the house he was unaware of the City’s requirements regarding registration. Tanner owns rentals in Nevada, IA and the process is not the same. The house was registered and issued an LOC in 2010. It has been brought up to the City of Ames rental code outside of the driveway issue. Jeff Drury asked about any other safety issues and Herrington indicated there are none. Tanner indicated had he been aware of the registration process when he purchased the home the driveway would have been grandfathered in. As it is now, the property has being treated as a “new” rental and held to the code adopted in 2009 which notes the driveway requirement. Warren explained why the code was updated to reflect as it currently does and how it applies to this situation. Drury noted the buffer between the concrete and the gravel on the property. Bert Schroeder questioned the depth of the concrete into property. Tanner indicated the depth to be 25-30 feet. Pat Brown asked if the public ever travel down the gravel driveway to which Tanner answered no. Warren inquired as to the amount of traffic if concrete were to be added. Tanner went on to explain as to the confusion that might be brought on with the commercial building traffic. Brown, Drury and Schroeder don’t see the benefit to paving the driveway. Drury noted it’s not in a residential area. Warren stated that rental owners need to familiarize themselves with the City’s processes and the rental code. Tanner noted it is understood. Schroeder confirmed their options regarding a decision with Perkins. Spoden and Perkins commented as to how the motion regarding the code needs to be stated for legal documentation purposes. Motion to uphold the appeal based upon the impracticality of conforming to the current code and that it does not set a precedent made by Brown; second by Drury. Motion passed unanimously. Board comments Warren noted that it is time to vote on a new chairman and co-chair. Current chair is Warren and current co-chair is Schroeder. Spoden noted this cannot be determined at this time as it is not on the agenda and must be indicated per the Open Meetings Law. Perkins indicated it will be on the next agenda. Brown applauded and recogonized Warren’s contributions and efforts. Drury noted his appreciation of Schroeder’s efforts. Brown commented on residential fire last week which may or may not have been a rental property. She noted the absolute health and safety concerns that are in place regarding rental properties and those that may have played into the situation. She also commented on situations regarding unregistered rentals and how it is being enforced. Warren commented on his feelings regarding the situation noting how those who are complying are doing what’s right and those who do not register or don’t comply are not being accountable and safety issues are not being addressed. Warren made suggestions on how to alleviate some of these unregistered rentals. Schroeder suggested a mailing flier be sent with City electric bills. Perkins noted her team will take some time to create a program for outreach and education. Perkins said there is a process is place regarding the investigation and follow up of unregistered rental complaints. Warren noted Schroeder’s idea is a good one. Dee Ball questioned new construction properties and how the City is notified that the intent is they will be used as rental units. Perkins indicated there is a process in place. Warren asked Fire Chief Shawn Bayouth (who was in the audience) about residential fire inspections. Bayouth stated these are not being done proactively. They are done upon request. Bayouth indicated when firefighters are in homes for other reasons they are taking notice and making mention to home owners of potential issues/risks. Ball questioned if a form could be included with annual tax statement to properties. Brown stated that tax statements come from the county, not from the city. Warren commented on the college student with parent owner housing situation and the problems it poses. Drury inquired about the status of legislation regarding occupancy regulations. Perkins indicated there have been no updates. Spoden stated there are currently two separate bills, one in the Senate and one in the House. To date nothing has been determined. May 1 is the deadline for the bill. Warren inquired as to staff thought processes and ideas regarding the situation. Spoden indicated that Mayor Campbell as well as City Manager staff has been to the State Capital. The Chamber has been involved as well as the League of Cities working on behalf of all communities regarding this issue. Brown commented and questioned what has happened to the House Rule noting how it seems to slowly be eroding. Adjourn Motion to adjourn made by Schroeder, second by Brown. Motion passed unanimously. Meeting adjourned at 4:38 PM.